Challenging the Constitutionality of Anti-Protest Zones: Examining the Impact of ‘Bubble Laws’

Wendy Faustin, a prominent pro-life activist based in Denver, is making headlines for her legal battle against laws that prohibit counseling women within 100 feet of abortion clinics. Faustin argues that these laws infringe upon her constitutional rights and is determined to challenge them in court.

Taking a Stand Against the “Bubble Law”

Faustin has filed a lawsuit against Democrat Gov. Jared Polis and various state and local officials, claiming that the 1993 “bubble law” violates her First Amendment right to free speech and her 14th Amendment right to equal protection. Her legal representative, Roger Byron, asserts that Colorado’s law is blatantly unconstitutional and stifles dissenting voices.

A Violation of Free Speech Rights

Byron argues that laws like these make it virtually impossible to exercise free speech near abortion clinics. He explains, “Under these laws, it becomes a criminal offense to be within 100 feet of an abortion center’s door or to approach within eight feet of another person to provide informative pamphlets.” This, in Faustin’s opinion, not only infringes on her rights but also impedes her ability to have genuine conversations with women seeking abortion services.

Challenging Precedent and Proposing Bias

While the Supreme Court previously upheld Colorado’s bubble law in 2000, Faustin’s lawsuit contends that the decision was flawed and inconsistent with subsequent rulings. Byron suggests that if these laws were applied to restrict the actions of anti-war protesters or striking union members, they would likely be overturned. He questions whether there exists a double standard when it comes to the First Amendment, one that favors certain groups over others.

A Slippery Slope

Byron expresses concern that if the trend of bubble laws expanding into other contexts, as seen in Canada with drag shows, reaches the US, it could lead to the regulation of various ideologies beyond the realm of abortion. This poses a potential threat to free speech rights across different movements and causes.

A Question of Intentions

The question remains: is Faustin’s lawsuit a genuine effort to protect free speech rights or an attempt to limit access to abortion? We invite you to share your thoughts and engage in the conversation surrounding this complex issue.